[Ord. 996-7, 6/14/1999]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates a different meaning:
Includes places privately owned but open to the public generally,
such as shopping centers, retail stores, transportation terminals,
movie theaters, office buildings, restaurants, and all distinctively
private places, such as homes or private residences and apartment
houses.
Public streets and alleyways, public restrooms, public sidewalks,
public parks or playgrounds, and public buildings.
That area easily and immediately accessible to the person
under observation.
[Ord. 996-7, 6/14/1999]
1.
It shall be unlawful for an individual or for groups of two or more
persons, regardless of age, to congregate on or in streets, parks,
public or private buildings, places of amusement or public or private
places to which the owner or tenant has not given consent in the Borough
of Red Lion at any time if those persons are causing alarm, danger,
or discomfort to the inhabitants of the Borough or users of Borough
thoroughfares or sidewalks, public parks and public or private places
or buildings by creating a breach of the peace or a danger of the
breach of the peace, the obstruction of pedestrians or vehicles, any
disturbance or alarm to the comfort or repose of any person, or the
obstruction, harassment or interference of any person lawfully in
any such street, park, public or private building, place of amusement
or public or private place or sidewalk. This section shall be in addition
to other conduct prohibited elsewhere in this Code of Ordinances and
in Chapter 55 of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5501
et seq. and, specifically, § 5503 (disorderly conduct),
§ 5505 (public drunkenness) and § 5507 (obstructing
highways and other public passages). This conduct shall not prevent
or prohibit the congregation of two or more persons for purposes of
lawful assembly or for purposes otherwise protected by the Constitutions
of the United States of America and the Commonwealth of Pennsylvania
or to prohibit peaceful picketing in the case of labor disputes or
in the exercise of the constitutional right of assembly so long as
such activity does not otherwise constitute a breach of this section.
2.
A violation of this Part, when occurring in a private building or
private place, may be charged upon complaint by an owner or tenant
or by any other person lawfully in such private building or place.
All other such violations may be enforced without the need for private
complaint, based on the observation and judgment of a police officer
or other Borough official.
3.
Whenever the presence of any person is causing or is likely to cause
any of the violations set forth in this Part, any police officer may
order that person to leave that place. Refusal to leave after being
ordered to do so by a police officer shall constitute a violation
of this Part.
4.
Unless flights by the actor or other circumstances make it impracticable,
a police officer shall, prior to any arrest or an offense under this
section, afford the actor an opportunity to dispel any alarm which
would otherwise be warranted, by requesting the actor to provide identification
and explain the actor's presence and conduct. No person shall
be convicted of an offense under this section if the police officer
did not comply with the preceding sentence or if it appears at trial
that the explanation given by the actor was true and, if believed
by the police officer at that time, would have dispelled the alarm.
[Ord. 996-7, 6/14/1999]
1.
It shall be unlawful for the parent, guardian, or other adult person
having the care and custody of a juvenile person under the age of
18 years to permit or authorize such juvenile to engage in conduct
which constitutes a violation of this Part. The violation of this
section shall include, but not be limited to, a parent, guardian or
other adult person having the care and custody of the juvenile failing
to take charge and control of said juvenile and removing said juvenile
from a potential violation of this Part after being notified of such
potential violation by a police officer or a Borough official.
2.
Any parent, guardian, or other adult person having the care and custody
of a juvenile can be charged with a violation of this Part in addition
to the juvenile. The violation by a parent, guardian, or other adult
person having the care and custody of a juvenile who violates this
Part shall be considered a separate and distinct offense from that
of the juvenile.
3.
It shall be a violation of this Part for any person to aid or abet
any other person in violating the provisions of this Part.
[Ord. 996-7, 6/14/1999; as amended by Ord. 2009-09-02, 9/14/2009]
Any person who shall violate any of the provisions of this Part,
upon conviction thereof, shall be sentenced to a fine of not less
than $25 nor more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense. In the event that the offender is a juvenile,
such failure to pay a fine and costs may result in the matter being
referred to the juvenile justice system for appropriate disposition.
